Negative Motives of the Debtor in the Context of Legal Regulation of Debt Relations. Criminological Consequences of Unsatisfactory Resolution of Debt Relations

Abstract

The article shows what place in the Russian legal system is occupied by the regulation of debt relations and ensuring the repayment of debts. The thesis on expediency of identification and accounting of motives of the debtor by participants of civil turnover and law enforcers is substantiated. The author’s concept of the psychological mechanism of effective collection of problem debts by economic entities and other creditors is presented. This concept is based on the analysis and consideration of the motivational sphere of the non-performing debtor, and, in particular, its negative motives. Typical negative motives of debtors are described and systematized, recommendations for their weakening or liquidation are given. The legal and actual limits of efforts to recover problem debts, as well as the criminological consequences of the ineffectiveness of legal methods of debt collection are shown. The empirical basis of the study was the materials of pre-investigation checks, criminal and civil cases related to the debtors’ failure to fulfill their obligations, the results of surveys of employees of commercial organizations (from units for working with bad debts, legal units and economic security services), law enforcement officers. The information obtained as a result of the included observation and self-observation, field experiments and other sources are also used.